West Virginia Record

Tuesday, February 25, 2020

Woman alleges Martingsburg gun shop has failed to deliver rifle, refund money

State Court

By Marian Johns | Nov 6, 2019

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WHEELING – A Moundsville widow who had a contract to buy a more than $7,000 BBCW Exhibition Centennial Rifle from a Martinsburg gun shop on behalf of her deceased husband alleges the shop has kept her deposit and continues to delay delivery of the gun. 

Robin Holmes filed a complaint in Marshall Circuit Court against Navy Arms LLC and Lisa Ausherman alleging breach of contract, fraud, conversion and unjust enrichment. 

According to the suit, Holmes signed a contract with the defendants on Feb. 23, 2017, to purchase the rifle and has paid $4,400 in payments toward the gun.

Despite a promised delivery date of February 2018, Holmes alleges she has still not received the gun or received a refund of her deposits. She alleges Navy Arms previously promised to refund her money and despite receiving communications from Holmes' attorney, the defendants have failed to respond.

Holmes seeks compensatory and punitive damages, a trial by jury, interest and all other just relief. She is represented by Don Yannerella of The Yannerella Law Office in Wheeling. 

The case has been assigned to Circuit Judge David Hummel.

Marshall Circuit Court case number 19-C-197

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